Chapter 13.04 WATER SYSTEM

“Agreement” means all agreements for service, installations, meters, and special service made with any person, firm, or corporation, or the authorized agents thereof.

“Applicant” means any person, firm, or corporation applying for water service or any other connection to the city water system.

“CCF” means 100 cubic feet (approximately 748 gallons).

“Connection” means any physical connection to the city water system by any water service or any private water system or any pipeline extension.

“Cost” means the cost of labor, material, transportation, supervision, engineering, and all other necessary expenses as determined by the city.

“County” means Lewis County, Washington.

“Cross-connection” means any connection between any part of the water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption, or any interconnection to another source or system that has not been approved by the public works director on or after the date of adoption of the ordinance codified in this chapter.

“Customer” means any person, firm, or corporation obtaining or using water service from the water system of the city.

“Equivalent residential unit (ERU)” means or refers to a unit of water capacity determined by the city to be equivalent to the capacity (or average capacity) typically used by, or allocated to, a single-family residential dwelling unit. For the purposes of this chapter, an ERU of water capacity shall be equal to 300 gallons per day of water use as determined through the standard water billing process.

“Fire protection service, private” means water service and facilities for building sprinkler systems, hydrants, hose reels, and other facilities installed on private property for fire protection and the water available therefor.

“Fire protection service, public” means the service and facilities of the entire water supply storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

“Main” means a water line designed or used to serve more than one premises. Mains and connections to mains are controlled by the city.

“Multiple-dwelling units” means duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, multiple-unit commercial structures, and other multiple-unit structures or buildings.

“Person” means a natural person of either sex, associations, partnerships, and corporations, whether acting by themselves or by a servant, agent, or employee, the singular number to be construed to include the plural and the masculine pronoun to include the feminine.

“Premises” means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings, or property utilized under one ownership and under a single control with respect to the use of water and responsibility for payment thereof.

“Public works director” shall mean public works director or designee.

“Service charges” means fees, costs, rates, and charges for water services established and set by ordinance.

“Service, commercial” means water services to businesses engaged in the manufacture and/or sale of a commodity or commodities or the rendering of a service, hotels, motels, schools, hospitals, multiple-dwelling units and public office buildings.

“Service, industrial” means a water service to a business enterprise engaged in the manufacture of products, materials, equipment, machinery, and supplies or commodities on a substantial or major scale.

“Service installation” means all piping and fittings from the main to and including the water meter assembly. All piping and fittings from the meter to the premises served shall be the customer’s responsibility.

“Service, residential” means a water service to a single-family dwelling unit or a water service for residential lawn sprinkling.

“Service, temporary” means a water service and facilities rendered for construction work and other uses of limited duration and the water available therefor.

“System” means all water source and supply facilities, transmission lines, storage facilities, pumping plants, distribution mains, and appurtenances.

“System, private” means a water system, or pipelines and appurtenances, pumping facilities, reservoirs, treatment facilities, or any combination thereof that are owned by other than the city. [Ord. 866B, 2011.]

13.04.020 Application for connection.

A. Each premises shall have separate water service or services as set forth in CMC 13.04.060, Water services for premises. Any person desiring water service for any premises shall make application therefor on a printed form furnished by the city for that purpose. The application form shall contain the following information:

1. Name and address of applicant;

2. Location and legal description of premises where water service is requested;

3. Purpose for which the water is to be used;

4. Number of living units within the premises to be supplied;

5. Statement that the applicant agrees to abide by the rules and regulations contained herein and agreements contained in the application;

6. Signature of owner of premises or his duly authorized representative or agent;

7. Date signed; and

8. Such additional information as the public works director shall require.

B. Applicants for service within the corporate limits of the city may be required to obtain a building or plumbing permit for the premises where water service is being requested.

C. Applicants for service outside the corporate limits of the city shall provide required information, comply with city annexation agreement requirements, and sign an agreement stating that they will not oppose annexation of the area including the premises for which service is being applied.

D. If no public sewer service is available to any premises for which application for water service is made, approval of the application shall be conditioned upon the applicant obtaining a septic tank permit from the Lewis County health district, and no connection shall be made if such septic tank permit is not issued.

E. When all applicable fees and charges have been paid, the approved application shall constitute an agreement whereby the applicant agrees, as a condition for the continued use of water, to conform to rules and regulations of the city as contained in or attached to the application provided for in this chapter, or any amendment hereto.

F. The application for water service shall contain an agreement requiring the person making the same to pay for the water applied for at the rates and in the manner specified by city ordinance; reserving unto the city the right to charge and collect the rates and to enforce the penalties provided in city ordinance and to change the rates by ordinance at any time; allowing the city to temporarily discontinue the service at any time without notice to the customer; and specifying that said agreement is subject to all the provisions of this chapter and of any ordinance of the city relating to the public water system of the city. The agreement shall provide that the city shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water installed by the owner or occupant of such premises, and shall provide that in the event the supply of water shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruptions or failures, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of agreement on the part of the city or in any way relieve the customer from performing the obligations of his agreement. The city shall not be held liable for damage to personal property stored in the portion of the street between the curb and the property line, nor to real property in said area, resulting from leakage or the breaking of pipes or appliances maintained by the city within that portion of the street herein described. All agreements contained in the application shall take effect from the date the application is approved by the public works director. If for any reason the public works director does not approve an application requiring his approval, the public works director shall explain the reason for disapproval in writing at the request of the applicant, and no conditions or agreements shall be in effect. [Ord. 866B, 2011.]

13.04.030 Developer connection fee/capacity charge payment.

A. Owners and/or developers of all commercial property shall be required to pay all connection fees and capacity charges in accordance with the current ordinance within six months of the date the application has been approved. If all capacity charges, connection fees, and any other fees identified on the application are not paid within six months of the date of approval of the application, the application and any approval shall be considered void. All such fees and charges shall be paid prior to any physical connection or installation of facilities and no service shall be delivered or provided until such fees are paid. Such charge and/or fees shall be nonrefundable.

B. Owners and/or developers of residential property that have applied for water connections for up to, but not exceeding, 10 single-family residences or 10 ERUs shall be required to pay all connection fees and capacity charges in accordance with current ordinance within six months of the date the application has been approved. If all capacity charges, connection fees, and any other fees identified on the application are not paid within six months of the date of approval of the application, the application and any approval shall be considered void. All such fees and charges shall be paid prior to any physical connection or installation of facilities and no service shall be delivered or provided until all such fees are paid. Such charges and/or fees shall be nonrefundable.

C. Owners and/or developers of residential property that have applied for water connections for a capacity greater than 10 single-family residential units or greater than 10 ERUs, where such projects are to be constructed in phases over a period of time, must specifically request and receive approval for a time period or duration in excess of six months.

D. If approval is given for a duration in excess of six months, then the owner or developer of such residential property shall be required to pay one-quarter of the total connection fees and capacity charges for the entire development project. This 25 percent shall be nonrefundable in the event that any such development or project is canceled, and this 25 percent shall also be considered as the connection fees and capacity charges for the last 25 percent of such costs for the development. Prior to actually connecting any single-family residential unit or other units for which the equivalent residential capacity has been requested, approved, and allocated, the connection fees and capacity charges must be paid in full. [Ord. 866B, 2011.]

13.04.040 Connection to the city’s main.

A. After payment of all connection fees, capacity charges, service charges, and any other applicable fees and charges, and the execution of the agreement herein described, the public works director shall cause the premises described in the application, if the same abut upon a street in which there is a city water main, to be connected to the city’s water main by a service pipe extending at right angles from the main to the property line except as herein provided. The city connection, which shall include a stopcock placed within the curb line and the meter set assembly in conformance to city specifications, shall be maintained by and kept within the exclusive control of the city.

B. Wherever it has been ascertained that a retaining wall, ornamental wall, or landscaped rockery, or any other form of permanent structure is to be or has been erected upon any portion of a city street or public place in which a water service connection has been installed, the public works director shall cause the relocation or readjustment of such water service connection or any portion thereof. The cost of such relocation or readjustment shall be charged against the property on which the erection of the permanent structure, as above referred to, is to be done or has been done and to the owner thereof. In no case shall the city be required to maintain or repair any portion of the service connection beyond the meter set assembly.

C. Where there is a water main in front of any premises, the owner of such premises supplied by city water shall have his own separate service connection with the city main and the premises so supplied shall not supply water to any other premises. If two or more premises are supplied by one metered service, service charges for each premises supplied with water shall be assessed for each separate building or premises so supplied. Services existing as of the effective date of the ordinance codified in this chapter shall be separated at such time as the owner or occupant thereof shall obtain a building permit for the remodeling or structural alteration of such premises. [Ord. 866B, 2011.]

13.04.050 Maintenance or continuance of water capacity.

A. In order for any commercial and/or industrial customer served by the city water system to maintain capacity that has been previously allocated to said commercial and/or industrial customer, such customer must demonstrate use of water capacity that has been previously allocated in accordance with the provisions of this chapter.

B. If a commercial and/or industrial water customer has reduced its water usage as defined in this chapter, the city shall notify said commercial and/or industrial water customer in accordance with this section and reduce the amount of water capacity allocated to such commercial and/or industrial customer in accordance with this section.

C. In order for a commercial and/or industrial customer receiving service from the city water utility to maintain or hold water capacity as may have been previously allocated, such commercial and/or industrial customer must use a minimum of 80 percent of the total water capacity for at least four consecutive months in any 12-month period.

D. If any commercial and/or industrial customer fails to use 80 percent of the previously allocated capacity for four consecutive months in any 12-month period, the water capacity allocated to that commercial and/or industrial customer shall be determined as follows:

1. The lowest usage in the highest consecutive four-month period shall be 80 percent of the new allocated water capacity for any such commercial and/or industrial customer.

2. If the city reduces the allocation of water capacity from the quantity that was originally purchased from the city, the city shall refund that portion of the amount of actual capacity charges paid by the commercial and/or industrial customer that relates to the amount of capacity reduced.

E. In order for a commercial and/or industrial customer to maintain their allocation of water capacity, after it has been determined by the city that a reduction in their allocation of such capacity is warranted, said commercial and/or industrial customer shall pay a capacity maintenance charge per month in addition to their regular water use rate fees and charges. Such capacity maintenance charges shall be calculated by multiplying the number of ERUs of water capacity that the city has determined warrants reduction by the current minimum monthly service capital improvement charges for water.

F. During any three months in a 12-month period, if any commercial and/or industrial customer has been identified as using one ERU or greater of water capacity above the amount of capacity that has been allocated and if there is unallocated water capacity available, the city shall charge such commercial and/or industrial customer the current capacity costs or charges for such increased capacity. If there is no unallocated capacity available, the city shall instruct the commercial and/or industrial customer to reduce usage to the level of capacity that has been allocated. If said instructed commercial and/or industrial customer does not reduce water usage to the level of allocated capacity, the city shall take action(s) necessary to cause the capacity used to be reduced to the allocated level. Such action(s) may include imposing restrictions or limitations to such water service or disconnection of water service.

G. If capacity is available, the highest usage above the previously allocated capacity shall be the new allocated water capacity for any such commercial and/or industrial customer upon approval of the city council (if required) and upon payment of the associated water capacity charges.

H. The public works director shall conduct an initial evaluation of water use to determine allocated capacity of water for all existing commercial and/or industrial customers. On an annual basis the public works director shall review the water use for such commercial and/or industrial customers to identify such customers that have used less than or more than their allocated capacity.

I. If it is determined that the capacity allocated to any commercial and/or industrial customer warrants reduction in accordance with this section, the city shall provide written notice to said commercial and/or industrial customer indicating the city’s intention to adjust or reduce the water capacity allocation.

J. If it is determined that the capacity allocated to any commercial and/or industrial customer warrants an increase in accordance with the provisions of this section, or if it is determined that any commercial and/or industrial customer has used greater than the allocated capacity of water service, and such additional water service is unavailable, the city shall provide written notice to said commercial and/or industrial customer indicating the city’s intention to adjust or increase or restrict to the allocated capacity the water capacity allocation.

K. The notice shall provide a 30-day comment period prior to the implementation of any such adjustment or reduction of their capacity allocation. The public works director shall review and consider any comments received during this 30-day comment period prior to making a final determination on any such adjustment or reduction of their capacity allocation.

L. Should the public works director determine that the water capacity warrants being increased and should the city approve such increase, payment of the related capacity charges shall be due within 10 days of the date of the final determination notice. If such capacity charges are not paid within this 10-day period, the city shall take such action(s) necessary to cause the capacity used to be reduced to the previously allocated level. Such action(s) may include imposing restrictions or limitations to such water service or disconnection of water service. [Ord. 866B, 2011.]

13.04.060 Water services for premises.

Each premises shall have a separate water service unless the unit meets the definition of an ADU for in-law apartment. All water services shall be metered. Premises containing multiple dwelling units and/or containing more than one commercial or industrial business shall have separate metered water service for each individual dwelling unit and/or commercial or industrial unit, except where situations and/or special conditions exist that make an individual service for each unit impossible or unfeasible at the discretion of the public works director, who shall determine when such situations or conditions prohibit individual services. [Ord. 917B § 2, 2013; Ord. 866B, 2011.]

13.04.070 Cross-connections.

The city follows the procedures to enforce the cross-connection code using: Washington State Standards for Cross-Connections (WAC 246-290-490), the city of Chehalis cross-connection control plan, Manual of Cross-Connection Control published by the University of Southern California (USC Manual), and Cross-Connection Control Manual published by the Pacific Northwest Section of the American Water Works Association (PNWS-AWWA) as they presently exist and as they may, from time to time, be amended.

A. The city requires that all water service connections, domestic potable water, fire sprinkler systems, or irrigation systems, existing and future, follow the guidelines of the city’s cross-connection control plan. Any such cross-connection existing hereinafter is hereby declared unlawful and shall be disconnected and removed immediately. The cross-connection control specialist (CCS) or any designated representative of the city may limit the kind and number of service connections for any separate premises. No water service connection shall be allowed from the city water mains to any premises supplied by water from any other source unless the public works director gives special permission and that the connection is protected with an appropriate backflow assembly approved by the CCS.

B. When a cross-connection is found, an approved backflow prevention assembly(s) will be installed at the expense of the user, and the user will be required to follow the city’s cross-connection control plan where a premises isolation backflow assembly will be installed. In-premises installation of a backflow assembly can be installed only with written permission by the CCS or mandated along with premises isolation when the CCS or any designated representative of the city and any other regulatory agencies determine a high health hazard exists, in accordance to WAC 246-290-490 and the city’s cross-connection control plan. The backflow prevention assembly(s) once installed will be inspected and approved by the city and tested by a state-certified backflow assembly tester (BAT). The public works department requires a certified test indicating the assembly(s) has passed before releasing the certificate of occupancy on any building.

C. Backflow prevention assembly(s) installed will be of a type and model preapproved by the Department of Health (DOH) or the city and will be installed, inspected, and tested in accordance to the city’s cross-connection control plan. The city will have the authority to perform regular inspections on all backflow assembly(s) (premises and in-premises) connected to the city’s water system and will be provided access to the premises to inspect.

D. New water service customers will be required to install a residential dual check device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the homeowner as deemed necessary by the city.

E. The city will notify the service customer that an annual test of the backflow prevention assembly(s) is required not less than 30 days before such annual test is required.

F. Backflow assembly testers (BAT) shall supply the city with documentation indicating that their testing equipment has a current certificate of accuracy and that they have a current Department of Health BAT certification card. This information must be submitted on an annual basis as indicated in the city’s cross-connection control plan.

G. Violations.

1. Violations by Customer.

a. It is a violation of the cross-connection control plan for a customer to:

i. Fail to correct a faulty cross-connection within seven days of discovery of the problem;

ii. Fail to install, test, or maintain a backflow prevention assembly or premises isolation, as required by the cross-connection control plan;

iii. Remove or bypass a backflow prevention assembly(s);

iv. Refuse to allow a designated city representative access to any structure serviced by the public water supply for inspection.

b. Violations by a customer subject the customer to termination of service by the city. Service shall not resume until the customer:

i. Repairs the violation so that the cross-connection is in compliance with the city’s cross-connection control plan as determined by the city; and

ii. Makes payment to the city for:

(A) Its expenses incurred for inspection and enforcement of the plan, including attorney’s fees; and

(B) Any penalties, as specified in this section.

2. Violations by Certified Backflow Assembly Testers.

a. It is a violation of the cross-connection control plan for a backflow assembly tester (BAT) to:

i. Intentionally or negligently file forms containing false data, including but not limited to data not derived from actual testing.

b. A violation by a backflow assembly tester may subject the BAT to:

i. Penalties as specified in this section; and/or

ii. Reporting by the city to the Washington Certification Board with a recommendation of license revocation.

H. Penalties.

1. Penalties for violations by customer, per subsection (G)(1) of this section:

a. First violation – $200.00;

b. Second violation – $500.00;

c. Third violation – $1,000;

d. Fee to restore water service – $50.00.

2. Penalties for violations by backflow assembly tester, per subsection (G)(2) of this section:

a. First violation – $1,000;

b. Second violation – $2,000;

c. Third violation – $5,000. [Ord. 866B, 2011.]

13.04.080 Private pipe standards.

All persons connecting to city service or laying their own private pipe shall be required to use pipe of sufficient strength and quality, and the installation shall be done in such a manner so that breaks, leaks, and freezing are avoided, and contacts with contaminants are not possible. In all permanent sprinkler systems or other systems where contamination or cross-connections are possible, an approved backflow prevention device shall be installed. The public works director shall maintain private services from city mains in streets that are being graded and shall have access on private property as shall be necessary to maintain such pipes during the work, and shall, as soon as practicable upon the completion of such work, relay such pipes in the street. Except for the above cause, owners shall maintain their private pipes from the end of the city’s service to and into their property, or, in the event the public works director finds it necessary to maintain the same, the owner shall relinquish all right in said pipes. When necessary, the public works director may slope service on property to conform to the slope occasioned by the grading of the street and charge the expense thereof to the owner of the service. [Ord. 866B, 2011.]

13.04.090 Water services meter location.

All water service connections shall be made by, or under the control of, the city. Meters shall be placed as follows:

A. Within the corporation limits of the city, meters shall be placed within two feet of the edge of the sidewalk or proposed sidewalk on the curb side in existing plats and within two feet of the sidewalk on the property side in new plats.

B. Within the county, meters shall be placed within the county right-of-way and within two feet of the property line nearest the customer’s premises.

C. In instances other than contained herein, or where the public works director determines that unusual or conflicting conditions exist, the location of meters shall be determined by the public works director. [Ord. 866B, 2011.]

13.04.100 Service connection – Special conditions.

When two or more premises are being serviced by one water service connection, the city shall have the right to require the installation of additional water service connections from the water main to the premises except for an ADU as defined by the Chehalis Municipal Code. When additional water service connections are provided for any premises, all water service shall be metered and installed in an approved manner. No premises shall be permitted to furnish water to any other premises, except during an emergency, which shall not exceed a period of 30 days. An application to cover the emergency connection shall be filed with the city within 48 hours of the occurrence causing the emergency. When the intended use of the water service is changed or the structure served is altered, a new service shall be installed at the customer’s expense unless the existing service complies with the provisions hereof. [Ord. 917B § 3, 2013; Ord. 866B, 2011.]

13.04.110 Water service connection fees and charges.

Water connection shall be made by and under the control of the city after an application for same has been approved by the city and payment of all water service connection/capacity fees, installation charges, and any other applicable fees and charges as required by city ordinance and/or city council approved and established latecomer fee agreement(s) have been made. All water capacity charges received shall be considered capital revenue of the city. [Ord. 866B, 2011.]

13.04.120 Service connection – Location of service pipe.

Water service pipe shall not be laid or maintained parallel with and within five feet horizontally of any sanitary sewer, electrical conduit, gas pipe, communications cable, septic tank, or drain field. When additional water pipe extensions or replacements are to be made beneath the surface of the ground within the premises and connected with existing water service pipes between the meter and the premises, an application therefor shall be made to the city for inspection and approval prior to backfilling the trenches. [Ord. 866B, 2011.]

13.04.130 Customer shutoff valve.

Shutoff valves of approved full flow pattern with key or hand wheel shall be installed in the water service pipe leading from the city meter to the building within the premises served in accordance with the applicable plumbing code. Shutoff valves, where buried, shall be properly enclosed in a minimum six-inch-diameter pipe, or box of concrete, plastic, or iron with an approved cover, protected from freezing and readily accessible. Valves or customer-owned equipment are not permitted to be installed within the city’s meter box. No outlet shall be connected to the service extension pipe between the city meter and the customer shutoff valve. [Ord. 866B, 2011.]

13.04.140 Plumbing requirements.

All persons installing fixtures or appliances to be supplied with water from the city main shall be subject to the requirements of the Uniform Plumbing Code. Persons installing plumbing in new structures shall leave the valve at the meter in the “off” position upon completion of their work. Persons making additions or repairs to existing plumbing systems shall leave the valve at the meter in the position in which it was found in beginning their work. The public works director shall have the right to refuse service or discontinue service in any situation where it is discovered that applicable city standards have not been complied with in making the installation. [Ord. 866B, 2011.]

13.04.150 Inspection and access for inspection.

Authorized employees of the city, properly identified, shall have access at reasonable times of the day to all parts of the premises or within buildings thereon to which water is supplied from city mains, for the purpose of checking conformity to these regulations; provided, such employees shall have access to single-family residential premises only upon a showing of probable cause to believe that the water service or plumbing therein is not in conformity with these regulations. Whenever the owner or occupant of any premises supplied by city water restrains authorized city employees from making such necessary inspections, water service may be refused or discontinued. [Ord. 866B, 2011.]

13.04.160 Turn-on – New installation.

When new water service connections are installed by the city for any premises, the valve at the meter shall be turned to the “off” position and remain off until a turn-on order shall be issued by the public works director upon written application therefor by the owner of the premises to be supplied after inspection and approval by the city and after the proper plumbing inspection has been performed and a certificate issued that all provisions of the Uniform Plumbing Code have been complied with. [Ord. 866B, 2011.]

13.04.170 Turn-on – Request.

When it is desired to have the water turned on after it has been turned off for any reason, the turn-on shall be made upon receipt of a written application or verbal request by the city, provided all service charges including any penalties owed at the time of the request or receipt of the written application have been paid; the city may require that conditions set forth in CMC 13.04.160, Turn-on – New installation, apply. The customer shall also be charged for a service call as required by CMC 13.04.200, Service calls. [Ord. 866B, 2011.]

13.04.180 Turn-on unauthorized.

It shall be unlawful for any person, except duly authorized employees of the city, to turn on the water supply to any premises after a turn-off is made at the meter by the city. The water service pipe to any premises turned on by an unauthorized person after said water supply has been turned off by the city for cause may, upon discovery, be disconnected by the city from the water main in the street and shall not be connected again until violations of these rules and regulations have been corrected and all expenses incurred by the city relating to disconnecting and reconnecting the service pipe are paid. [Ord. 866B, 2011.]

13.04.190 Turn-off, turn-on liability disclaimer.

The city shall not be liable for any damage to person or property that may result from the turn-off or turn-on of the water service or from the service being left on when the premises may be unoccupied. [Ord. 866B, 2011.]

13.04.200 Service calls.

A. Service calls, for any reason, including, but not limited to, convenience or emergency turn-off or turn-on, paid delinquent account turn-on, or complaint leaks, or other problems due to trouble in lines not owned by the city, or problems in lines, valves, or meters owned by the city, caused by problems or conditions other than by the city, shall be charged to the customer requesting the service call at the appropriate rate as provided in city ordinance. The amount charged for the service call shall be billed to the customer as a separate charge and shall be due and payable within seven days after the date of the bill. CMC 13.04.500, Delinquency/lien, shall apply when any service call charges become delinquent and unpaid.

B. Service calls, when it is determined by the city that the problem or trouble is in lines, valves, meters, or facilities owned by the city, will result in no charge to the customer. [Ord. 866B, 2011.]

13.04.210 Responsibility for water service rate charge.

All accounts for water shall be kept in the name of the owner of the premises for which service is installed unless the property owner requests to have statements for service rate charges mailed to a tenant, lessee, or agent, but such mailing shall not relieve the property owner from liability for payment of water service rate charges incurred. [Ord. 866B, 2011.]

13.04.220 Customer service water leak adjustment.

A. Any water customer of the city may receive a maximum of one utility bill adjustment per year based upon unexpected leaks or breakdowns of customer plumbing, subject to acceptable review and acceptance of their adjustment request by the city. The maximum adjustment period for residential customers shall be one residential billing cycle (two months). The maximum adjustment period for commercial customers of the city shall be two one-month billing cycles.

B. All requests for utility bill leak adjustments shall be made in writing to the public works director. The request for adjustment must contain the name and address of the utility customer, justification for the leak adjustment, information regarding what repairs have been made to correct the customer problem giving rise to the need for adjustment, and must be signed by the party making request for adjustment.

C. The public works director shall review the application for adjustment, seek additional information if it is deemed necessary to make a decision regarding the adjustment, and provide to the customer an acceptance or rejection of the adjustment request within 10 days of actual receipt of the written request for adjustment. Should the utility bill leak adjustment be authorized by the public works director, the adjustment shall reflect the previous year’s usage during the billing cycle wherein the adjustment is sought, or if there is no previous year’s usage record, the bill will be adjusted to equal the billing amount of the customer’s previous billing cycle.

D. Any appeals from decisions of the public works director regarding the rejection or amount of adjustment granted under the terms of this chapter shall be made directly to the city manager. Said appeal must be in writing and filed with the city manager within 10 days of receipt of the decision of the public works director. Failure to abide by these procedural requirements will render the public works director’s decision final.

E. Utility bill adjustments shall not be granted if the property owner, after notification by the city, refuses to make repairs in a timely manner or isolate the leak to prevent continued water loss from the city’s water system. [Ord. 866B, 2011; Ord. 831B, 2007.]

13.04.230 Inactive water service – Inactive water service utility account.

In order for a water service and its associated water service utility account to remain active and continue to be authorized to receive water service, water utility bills must be paid. Even if the water service is inactive and no water consumption occurs during a billing period, water service capital improvement rate charges as established by ordinance must be paid. When any service is turned off for nonpayment of water utility bills for a period of four months, the water service utility account shall become inactive and it shall be subject to termination and the water service shall be subject to disconnection and removal of the water meter at the discretion of the public works director. [Ord. 866B, 2011.]

13.04.240 Reactivation of inactive water service.

A. If any single-family residential unit water service has been inactive and the associated water service account has been terminated, the owner of said single-family residential unit may request reinstatement of the water service and water service account if:

1. There is sufficient capacity of water service available;

2. There is no moratorium or prohibition to such reactivation of single-family residential unit;

3. The owner pays the lesser of either the current connection/capacity charges for such water service, or back (or unpaid) water service capital improvement rate charges for water service. Back charges shall be equal to the total current water service capital improvement rate charges for the minimum residential water service multiplied by the total number of months that the water service has been in an inactive status and/or for the period of months that such capital improvement rate charges have not been paid;

4. The owner pays all costs associated with the installation or reinstallation of water services and any other improvements or modifications necessary to provide such water service. The amount of such installation charges shall not exceed water service installation charges in effect at the time of the request to reactivate the services made; and

5. All applicable fees and charges have been paid as established by the storm and surface water and the sewer system ordinances.

B. In order for any commercial water service or multiple ERU water service or account which has been inactive and/or terminated to be reactivated, it must meet the following conditions:

1. There is sufficient capacity of water service available;

2. There is no moratorium or prohibition to such reactivation of water service;

3. The owner or persons requesting activation of such water service pays the lesser of either the current connection/capacity charges per ERU or back (or unpaid) water service capital improvement rate charges for the minimum commercial water service multiplied by the total number of months that the water service has been in an inactive status and/or for the period of months that such capital improvement rate charges have not been paid;

4. The property owner or person requesting reactivation of such commercial or multiple ERU water service shall pay the water meter service installation charges or any or all charges or costs necessary to provide a water meter service installation then in effect; and

5. All applicable fees and charges have been paid as established by the storm and surface water and the sewer system ordinances. [Ord. 866B, 2011.]

13.04.250 Construction or repairs – Report.

It shall be the responsibility of the building official to report to the public works director the beginning of construction or repairs to all buildings in the city, which report shall contain a general description of the building to be constructed or repaired, the name of the owner and contractor thereof, and the address thereof. Water for construction purposes shall only be furnished upon application of the owner of the premises, or his authorized agent. Water for construction purposes shall be furnished by meter and charged to the owner of the premises supplied. [Ord. 866B, 2011.]

13.04.260 Disconnection of service – Condemned building.

Whenever a building or premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such findings has been provided to the public works director by said authorities, the public works director shall cause the water service to such premises to be turned off. Water service to such premises shall not be turned on until the owner and/or agent has secured a release or clearance from the proper authorities. [Ord. 866B, 2011.]

13.04.270 Disconnection of service – Demolished or removed building.

Whenever a building or structure supplied with water has been proposed by the owner to be demolished or removed, the owner and/or agent of the property shall notify the city of such proposed actions a minimum of 72 hours prior to the anticipated date when the building will be demolished or removed. The public works director shall then cause the water service to such premises to be turned off prior to the demolition or building removal. Water service to such premises shall not be turned on until the owner and/or agent has demonstrated that there are no plumbing problems associated with the premises and waterlines connected to the water service, and until the owner and/or agent has requested that the water service be turned on. [Ord. 866B, 2011.]

13.04.280 Meter ownership.

All meters provided and installed on water service connections by the city shall be and remain the property of the city. [Ord. 866B, 2011.]

13.04.290 Meters – Commercial and industrial – Change in meter service size.

Whenever the owner of any premises with an existing water meter service desires to change a meter service size, an application shall be made to the city and, upon approval by the public works director, the new meter service shall be installed at the expense of the owner. No credit shall be given for the existing meter service. Unless the application specifically requests a greater or lesser allocation of water capacity and, in the case of requests for more capacity, such application is approved by the public works director, no change in the water capacity allocation to the premises shall result from the change in meter service size. [Ord. 866B, 2011.]

13.04.300 Meter maintenance and repair.

A. The city shall maintain and repair all service meters and replace meters periodically when necessary if rendered unserviceable by ordinary use. Where replacement or repair to any meter is necessary by reason of the neglect, carelessness, or willful act of the owner or occupant of the premises served, all expenses of such replacement or repair incurred by the city shall be borne by the owner of the premises.

B. Whenever demand periodically exceeds the rated capacity of a meter to the extent that the meter may be damaged, the city shall notify the owner. After evaluating the owner’s requirements, the public works director shall advise the owner what meter service size is necessary to give proper service without risking potential damage to the meter and the estimate of the cost to install the larger meter service. The city shall then install the proper size meter service and charge the full cost thereof to the owner. If the owner does not pay the cost to install the larger meter service within 30 days after being billed for said cost, then the city shall terminate the water service. If the owner fails to pay the cost to install the larger meter service within 30 days after being billed, the city shall proceed to file a lien against the premises pursuant to CMC 13.04.500, Delinquency/lien. [Ord. 866B, 2011.]

13.04.310 Meter tests.

A. When any customer makes a complaint that the water service charges for any period are excessive, the city shall, upon the customer’s request, have the meter reread and the water service pipes and plumbing fixtures on the premises inspected for leaks in the event that said actions are practicable and/or possible. The city may charge the customer for a service call in accordance with CMC 13.04.200, Service calls, for rereading the meter and inspecting the premises.

B. Should the customer then request that the meter be tested for accuracy, they shall make a deposit, in the amount established by city ordinance. [Ord. 866B, 2011.]

13.04.320 Water service outside corporate limits.

All rules and regulations referring to the management of the city water system effective inside the corporate limits of the city shall apply equally outside the corporate limits except as otherwise specifically set forth herein. [Ord. 866B, 2011.]

13.04.330 Private water systems.

The city shall not operate and maintain private water distribution mains inside or outside the corporate limits of the city in conjunction with its own facilities. All private water systems existing in conjunction with city facilities shall be equipped with an approved check meter at the expense of the private water system, and the readings of such check meter shall be compared to readings of individual meters served by the private system to detect any discrepancies in water usage. All costs over and above those resulting from the water usage of customers on the private water system shall be borne by the owner and operator of the private water system. [Ord. 866B, 2011.]

13.04.340 Fire protection.

A. Any customer using city water for all purposes shall be entitled to a separate standby fire protection service. Such standby fire protection service shall be provided through a separate water connection. The water connection fee for such standby fire protection service shall be as provided in city ordinance. Standby fire protection lines shall be used for no other purpose than for standby fire protection service and all other uses thereof shall be prohibited. The monthly charge for such standby fire protection service shall be as provided in city ordinance. Such standby fire protection connection fees and standby fire protection service charges shall be based upon the size of the customer’s line at its connection to the main, and shall not be based on any specific pressure or volume of water furnished to the customer. The city does not, by the connection of a standby fire protection service, and shall not, by agreement or otherwise, warrant or guarantee a minimum water pressure or water volume for such service.

B. Where standby fire protection service is provided, no charge shall be made for water used in extinguishing fires of incendiary or accidental origin if the customer at the location where the fire occurs gives written notice to the city within 10 days from the time of such fire that a fire has occurred. Otherwise, a charge for all water used shall be made at the rate for use of fire protection facilities provided in city ordinance. [Ord. 866B, 2011.]

13.04.350 Fire protection meters.

A. Service of more than one premises by a fire service shall not be permitted. All water service connections used for fire protection shall be installed in a manner as approved by the public works director, and a metering device approved by the public works director shall be installed at the expense of the owner of the premises as follows:

1. Detector check meters of size and type approved by the public works director shall be permitted on straight automatic fire sprinkler services, which may include hose racks inside the building for fire fighting purposes only. All water registered by the bypass meter shall be billed at the rate established by city ordinance, unless caused by fire reported within 10 days. Persistent indication of unauthorized use of water through a detector check meter shall be cause for installation of a fire line meter at the expense of the owner or agent, or termination and disconnection of such fire protection service, at the discretion of the city.

2. Fire line meters of a size and type approved by the public works director shall be installed on all fire services where hydrants, outside hose outlets, or connections allowing the use of water for other purposes than the extinguishing of fires exist.

B. Delinquency in payment of expense for fire protection service or failure of the owner or occupant to make changes in meter installations as herein provided after reasonable notice from the department shall be sufficient cause of discontinuance of fire service to the premises. Fire protection systems shall be installed and maintained by the owner in a manner approved by the public works director as to prevent backflow into the city’s system. [Ord. 866B, 2011.]

13.04.360 Misuse of fire protection water.

Use of water from a fire protection service line or facilities for purposes other than extinguishing fires of incendiary or accidental origin, exclusive of that amount used for testing purposes, shall constitute misuse of fire protection water, and shall be grounds for the city to terminate fire protection service and disconnect the fire protection service line until such time as it is demonstrated to the satisfaction of the public works director that the misuse of fire protection water will not reoccur. [Ord. 866B, 2011.]

13.04.370 Hydrants – Authorized use.

No person other than authorized employees of the city shall operate fire hydrants and hose outlets unless proper arrangements have been made for payment therefor and permission has been granted by the public works director. [Ord. 866B, 2011.]

13.04.380 Hydrants – Temporary use.

Persons desiring water service from a fire hydrant or hose connection shall make application therefor to the city at the public works department on an application form provided or approved by the city. The applicant shall be required to submit a hydrant meter deposit of $500.00 plus a nonrefundable on/off fee of $60.00. In addition, the applicant will be charged a $10.00 per day usage fee until the hydrant meter is returned. The applicant shall also sign the application form and agree to the provisions and requirements listed on the application form and agree to pay the water use rate charges as established by city ordinance for water used through the hydrant meter assembly. Lost or damaged meters shall be billed at the current cost of replacement or repair at the discretion of the city. [Ord. 1085B § 1, 2024; Ord. 866B, 2011.]

13.04.390 Damaging water system.

Any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom. [Ord. 866B, 2011.]

13.04.400 Crime to damage or interfere with access to the water system.

No person shall disturb, break, deface, damage, or trespass upon any property belonging to or connected with the water system of the city in any manner whatsoever. No person shall store, maintain, or keep any goods, merchandise, materials, or rubbish within a distance of five feet or to interfere with the access or operation of any water meter, gate valve, fire hydrant, or any other appurtenances in use on any water service, connection, or water main. [Ord. 866B, 2011.]

13.04.410 Emergency interruption of service.

In the event of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the public works director may authorize the city to change, reduce, or limit the time for or temporarily discontinue the use of water. Water service may be temporarily interrupted for purposes of making repairs, extensions, or doing other necessary work. Before so changing, reducing, limiting, or interrupting the use of water, the city shall notify, insofar as practicable, all water consumers affected. The city shall not be responsible for any damage resulting from interruption, change, or failure of the water supply. In addition, the city makes no commitment as to the volume of water available, pressure, or continuity of service; and will not be liable for injuries or damage due to insufficient volumes, inadequate pressure, or interruption of service. [Ord. 866B, 2011.]

13.04.420 Construction standards.

All persons, firms, corporations, and governmental agencies, and/or their contractors, repairing, replacing, installing, extending, or performing other work on water system lines, facilities, service lines, connections, and/or appurtenances thereto, or performing other work that may interfere, conflict, affect, or endanger the water system of the city, shall follow and comply with the provisions of the engineering development code of the city as adopted by the city. Where the engineering development code of the city is silent on any construction standards issue, the current version of the Washington State Department of Transportation/Washington State Chapter of the American Public Works Association Standard Specifications for Road, Bridge, and Municipal Construction shall apply. [Ord. 866B, 2011; Ord. 819B § 13, 2007.]

13.04.430 Miscellaneous control devices.

The city reserves the right to require any customer to install, as a condition of water service, a pressure-reducing valve, backflow prevention device, pressure relief valve, and/or similar devices, at any location where the public works director determines a need to protect the city’s water system and/or facilities. [Ord. 866B, 2011.]

13.04.440 Protection of the public health.

The public works director shall conduct periodic inspections of the water system in coordination with the appropriate health department. The public works director shall, from time to time, suggest rules and regulations deemed necessary by him to the city council to protect the municipal fresh water supply from pollution. [Ord. 866B, 2011.]

13.04.450 Method of billing and payment.

Payment for water service, in accordance with the applicable provision(s) of city ordinance related to water rates, shall be due on the twentieth day of the month. Water statements for residential services will be mailed to the customers on a bimonthly basis. Water statements for commercial services will be mailed to those customers on a monthly basis. All water statements are to be paid either by mail, phone, online, or in person to the city at the billing office. Unpaid statements become delinquent on the twenty-first day of the month, or at 4:30 p.m. on the next full business day, and a delinquency charge as established by city ordinance shall be added to each unpaid account. A delinquent notice shall be mailed and payment of the delinquent balance must be received by the fifth of the month following the due date of the notice to avoid service interruption. On the next business day, a list of remaining delinquent accounts should be compiled and the list given to the water superintendent; the water superintendent may thereafter shut off the water service to such delinquent premises. [Ord. 1084B § 1, 2024; Ord. 866B, 2011; Ord. 831B, 2007.]

13.04.460 Alternative method of payment.

A. Users of utility services provided by the city may, at their option, pay to the city at any time prior to the billing date, as an advance payment, toward the actual or estimated utility service charges for water, sewer, and storm service to be billed for the month or next succeeding month during which such charges are incurred.

B. In the event the amount paid exceeds or is less than the actual service charges incurred, any excess amount paid in advance shall be credited to the next succeeding billing for utility service charges, and any amount not paid in advance shall be paid in full by the due date. All unpaid balances shall be considered delinquent and subject to delinquent fees and penalties as established by city ordinance. [Ord. 866B, 2011; Ord. 831B, 2007.]

13.04.470 Method of billing private water systems.

The total amount of water usage registered on the check meter shall be billed to the owner, operator, or owner’s agent of the private water system, or at the discretion of the city. Where the private line or system contains individual meters, the total amount of water usage registered on the check meter shall be billed to the individual customers of the private line or system by dividing the usage among the customers as the individual meters indicate to accommodate an equitable distribution of the total usage, unless where special conditions exist and/or specific arrangements have been made and a written contract that is mutually agreeable to

both the city and the owner or operator of the private system. Such contract shall state any pertinent conditions and delineate responsibilities. The rates for billing such private water system’s usage shall be in accordance with the provisions of city ordinance as applicable. [Ord. 866B, 2011.]

13.04.480 Charge for special improvements.

Where special improvements or upgrading projects have been installed and the costs or portion of the costs of such improvements are determined to be financed by user charges from the customers served, or benefiting from such improvements, such customers shall be responsible for an additional charge to be added to their water use charges and included in their water bill statement. The amount of this additional charge shall be as determined and established by the city council for the specific improvements or upgrading project. Such additional charge shall be to satisfy all debt service requirements and other related costs only. [Ord. 866B, 2011.]

13.04.490 Order for crediting incomplete utility bill payments.

When payment has been made for only part of the total amount owed on a combined utility bill, or for any reason payment of the total amount(s) owed on a combined utility bill has not been made, the city shall satisfy or credit such partial or incomplete payments to or toward amounts owed for storm water, sanitary sewer services, any delinquency charges, fines or penalties, and/or service charges that may be owing, prior to applying or crediting any portion on the amount paid toward charges owed for water service. [Ord. 866B, 2011.]

13.04.500 Delinquency/lien.

A. All water rates shall be charged against the premises for which the service was installed. Any and all charges provided for, when the same become delinquent and unpaid, shall constitute a lien against the premises to which the same has been furnished. Enforcement of a lien and collection of a lien shall include, but not be limited to, the right to stop service and deny service thereafter to any and all owners and/or occupants of the premises until the charges for service and/or other charges have been paid in full.

B. In cases where the occupant of the premises moves to another location within the system and applies for water at the new location, services shall be denied at such location until and unless any statement for service against the first location is fully paid.

C. If any such charges are not paid, the city may record a lien at the office of the county auditor against the property for which the service was installed. Such lien shall include the delinquent charges and such customer shall be responsible for all costs incurred by the city, including reasonable attorney’s fees for preparing the lien and the fee for recording the lien.

D. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges due. Notice of change in ownership of property and change in mailing address must be given in writing by the property owner or his agent to the city. [Ord. 866B, 2011.]

13.04.510 Driveway or crossing construction connection removal.

Whenever a driveway or crossing to be used for vehicular traffic is constructed within that portion of a city street lying between the curb line and the property line, the public works director shall cause the removal and relocation of any water service connection or any part thereof which may be within the lines of such driveway or crossing; provided, however, that instead of such removal of water service connection the public works director may, if he deems it advisable, cause the construction of an iron or masonry box or chamber of sufficient strength to withstand the stress of vehicular traffic. The cost of removal, relocation, or maintenance of water service connections as provided by city ordinance shall be charged against the property for which driveway or crossing was constructed and to the owner thereof. [Ord. 866B, 2011.]

13.04.520 Water main extension request.

When a person desires to extend a city water main, that person must make a written request to the city and state on that request the location where the extension is desired, the purpose for extension, and give details and extent of any development he is considering, as well as any other factors as may be pertinent. The public works director shall evaluate all requests for main extensions, taking into consideration the availability of water in the existing mains, reservoir capacity, pressures in the area, and other local conditions. If the proposal is acceptable, specific conditions and requirements will be determined by the public works director. [Ord. 866B, 2011.]

13.04.530 Water main extension design.

The proposed main extension shall be designed by a licensed engineer and be approved by the public works director and appropriate governmental authorities. The design shall be in conformance with city standards as contained in the engineering development code of the city, and shall be designed by the use of a hydraulic analysis, considering pipe size, restrictions, peak demand, length of run, elevation differences, and other factors that may be pertinent. [Ord. 866B, 2011; Ord. 819B § 13, 2007.]

13.04.540 Water main extension installation.

The person requesting a main extension shall be responsible for all costs of installation, including the connection fee as provided in city ordinance. The person requesting the main extension shall also be charged a fee to pay the costs of the inspection performed by public works department personnel and/or city-contracted engineering firm’s inspector. The amount of the fee for inspections shall be determined after assessing the entire project. The extension shall be installed in accordance with city standards included in the engineering development code of the city, and shall be inspected by the public works department to ensure the installation meets city standards. [Ord. 866B, 2011; Ord. 819B § 13, 2007.]

13.04.550 Appeal.

Except for provisions required by local, state, or federal regulations, or by law, any water customer or person applying for water who questions, disputes, or feels aggrieved by the determination or decision of the public works director may submit an appeal in writing to the development review committee as provided in CMC 17.09.160, Appeals, stating the reasons for the appeal and providing information supporting the basis of the appeal. [Ord. 866B, 2011.]

13.04.560 Rules and regulations adopted.

Unless otherwise restricted or provided for herein or in the engineering development code of the city, the rules and regulations of the Washington State Board of Health and the Standard Specifications for Municipal Public Works Construction, as published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, shall be, and the same hereby are, adopted by reference. [Ord. 866B, 2011; Ord. 819B § 13, 2007.]

13.04.570 Violations and penalties.

Any person willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person found guilty of such violation shall be fined a sum not to exceed $500.00. [Ord. 866B, 2011.]

13.04.580 Enforcement.

It shall be the duty of the employees of the public works department, police department, fire department, and community development department to give vigil and aid to the public works director in the enforcement of the provisions of this chapter and to this end they shall report all violations thereof which come to their knowledge to the office of the public works director. [Ord. 866B, 2011; Ord. 810B § 6, 2006; Ord. 767B, 2004; Ord. 766B, 2004.]

13.04.590 Severability clause.

If any section, subsection, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or void, such invalidity shall not thereby affect the validity of the remaining portions of this chapter. [Ord. 866B, 2011.]

13.04.600 Repeal.

Ordinance No. 695-B, passed the thirteenth day of August, 2001, and Ordinance No. 741-B, passed the fourteenth day of April, 2003, codified in the Chehalis Municipal Code as Chapter 13.04, shall be, and the same hereby are, repealed. [Ord. 866B, 2011.]

13.04.610 Effective date.

The effective date of the ordinance codified in this chapter shall be February 22, 2011. [Ord. 866B, 2011.]